Alabama Dept. of Transportation v. Lee Outdoor Advertising, LLC, [Ms. 2170774, Oct. 26, 2018] __ So. 3d __ (Ala. Civ. App. 2018). This unanimous decision by Presiding Judge Thompson, dismisses as moot the Alabama Department of Transportation (ALDOT)’s appeal of the circuit court’s order reversing ALDOT’s decision to revoke a permit issued to Lee Outdoor Advertising, LLC (Lee) to erect an electronic billboard off Interstate 85 in Montgomery.
The court noted “‘the law does not require the doing of a futile act.’” Ibid., quoting Kraft v. State, 90 So. 3d 197, 204 (Ala. Crim. App. 2011) (quoting in turn, Ohio v. Roberts, 448 U.S. 56 74 (1980)). The court dismissed ALDOT’s appeal as moot and directed the circuit court to enter an order reinstating ALDOT’s revocation of Lee’s permit because “[r]egardless of the propriety of the circuit court’s judgment based on the issues presented on appeal, a judgment in Lee’s favor is ultimately unenforceable.” Ms. *12. It was undisputed that Lee did not have permission from the current owner of the property to erect a sign. Ibid.